1.1 These terms and conditions apply to all contracts concluded via the website of Scholz Schönmann GbR (the designs) with registered office at Willibaldstr. 49, 80689 Munich, phone: +491787159530, email: info@the-designs.de, between the seller and the customer. Any deviating conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2.1 All offers made by the seller within the scope of a collaboration are non-binding and subject to change. However, this does not apply to the Graphic Design Subscription, as the seller fundamentally does not create individual offers for this service.

2.2 A contract is concluded as soon as the customer has explicitly confirmed the offer or the seller has started implementing the agreed items. In the case of the Graphic Design Subscription service, a contract is concluded as soon as the customer has created a user account via the seller's website, provided the required data truthfully, and completed the payment via the third-party provider.

2.3 The seller reserves the right to exclude customers from collaboration without giving reasons.

3.1 The offered service is the Graphic Design Subscription. Provided the customer ensures compliance with this agreement and timely receipt of payment, the seller will provide all services subscribed to by the customer for the agreed term. The seller will make all economically reasonable efforts to make the services available to the customer, subject to planned downtimes such as maintenance work. The seller reserves the right to replace, change, or discontinue the services at any time without giving reasons.

3.2 During the active Graphic Design Subscription, the customer pays a monthly flat rate clearly and quickly visible on the website and receives access to the described service.

3.3 The customer may only use the services provided to them in accordance with the terms of the agreement. The customer agrees to provide accurate, current, complete, and truthful information when filling out the required forms during the registration process. Furthermore, the customer agrees to keep this so-called profile data up to date and to update it in case of changes. The customer is responsible for their own passwords, identification information, and account activities and thus ensures the security of this data. In case of unauthorized use, the customer is obliged to immediately notify the seller.

3.4 The customer is responsible for providing the necessary infrastructure such as computer and internet access. The customer also bears all costs incurred in this context.

3.5 Under the following conditions, the fulfillment of which is at the seller's discretion, the seller reserves the right to close the customer's account without prior notice and thus terminate the Graphic Design Subscription:

• The customer violates these agreements.
• The customer uses the services of the Graphic Design Subscription for illegal purposes.
• The customer shares their user data with unauthorized persons.

3.6 During an active Graphic Design Subscription plan, the seller provides the customer with an unlimited number of orders and revisions. The volume and speed of implementation and execution depend on the following factors:

• Type of Graphic Design Subscription plan
• Complexity of the order
• Quality and completeness of the order description or briefing
• Total number of all active orders
• Speed of customer feedback

3.7 The seller does not guarantee any specific processing speed or a specific delivery time for any individual order placed. Furthermore, the seller does not guarantee a minimum number of orders to be processed for any graphic design subscription. However, the seller commits to processing each order within the graphic design subscription as quickly as possible, considering reasonableness and complexity.

3.8 The customer agrees to check all orders completed by the seller for errors. If the customer identifies an error during an active graphic design subscription, the seller commits to correcting it within the scope of a revision.

If it is an inactive graphic design subscription, errors can be reported by the customer up to a maximum of 7 days after the delivery date. If an error is communicated after this 7-day period, the seller cannot guarantee any correction.

3.9 The customer commits to providing the seller with all documents necessary for the execution of the order in a timely manner and to the agreed extent. This mainly includes texts, photos, logos, graphics, etc. If delays in fulfilling the order occur due to missing or not timely provided documents, the seller is not responsible for these delays.

4.1The customer is responsible for all data and materials provided to the seller within the scope of using all services of the seller. This means that the customer declares to be the owner of this data or to have all necessary rights, licenses, and permissions. The customer grants the seller a worldwide, non-exclusive, and free license to use and access this data and materials for the provision of the seller's service.

4.2The seller grants the customer full simple usage rights to the products and works created by the seller, for which the seller holds the copyrights. The customer may use the works at their discretion, which includes, among other things, publication, reproduction, distribution, as well as modification and alteration of the works.

5.1 To purchase the service through the seller's service, the customer must provide relevant purchase information. This may include the credit card number, credit card expiration date, and the customer's billing address. By providing this information, the customer confirms and guarantees that they are legally authorized to use credit cards or other payment methods for the purchase and that all information provided by the customer is truthful and complete. The customer has the flexibility to choose between payment by credit card or SEPA direct debit.

5.2The seller's prices are net prices and do not include statutory VAT. Unless otherwise stated, all prices are quoted in euros. Contracts concluded between the customer and the seller are considered service contracts. Unless otherwise agreed, the contract term begins upon conclusion of the contract and is concluded for an indefinite period unless a minimum contract term has been agreed upon.

5.3 To benefit from the seller's service, payment of a recurring fee is required, and the customer must subscribe to at least one of the offered subscriptions. Before the seller is obliged to provide the specified services, the fees including VAT must be paid in full in advance. The compensation varies depending on the type of subscription the customer has concluded and is billed monthly, quarterly, or semi-annually.

5.4 By subscribing through the seller's website, the customer agrees that the seller will collect the recurring fees including taxes according to the billing frequency chosen by the customer from the registration date via the payment method provided by the customer. If fees are overdue, default interest at the legally permissible maximum rate will be charged after one month from the due date.
The customer should note that the seller reserves the right to terminate the customer's account if owed amounts are not paid on time.

5.5 The seller reserves the right to adjust the fees for the Graphic Design subscription with a 14-day prior notice. The adjustment will take effect at the next billing interval. If the next billing interval begins before the 14-day notice period expires, the fee amount will be adjusted by the seller at the following billing interval.

7.1 The seller reserves the right to refuse refunds at their own discretion and without notification or liability to the customer. Decisions on refund requests are made on a case-by-case basis. If the customer requests a refund within the first month, all materials created by the seller remain the property of the company and may not be used by the customer. In case of violation of this provision, the seller reserves the right to take legal action against the customer.

8.1 When the customer uses the Graphic Design subscription service, it may happen that they disclose confidential information to the seller. The seller hereby undertakes to continue to treat the customer's confidential data confidentially and not to share this information with uninvolved parties outside the seller's organization. The customer's confidential information will not be passed on to other persons unless authorized by the customer or legally required.

9.1 By using the seller's services, the customer grants the seller permission to use the works created in the course of order processing for the seller's advertising purposes. If the customer does not agree, they may revoke the right to use the works for advertising purposes at any time by informal email to info@the-designs.de. This decision will have no impact on further cooperation. Any publications up to the time of revocation remain unaffected.

10.1 The seller collects the customer's data for contract execution and fulfillment of contractual as well as pre-contractual obligations. Data collection and processing are carried out in accordance with Article 6(1)(b) GDPR within the scope of contract processing and are necessary for this purpose. No data is passed on to third parties. Stored data will be deleted as soon as it is no longer required for the processing purpose. The customer has the right to obtain information about the data stored by the seller and to request correction of incorrect data or deletion of data in case of unlawful storage. The seller (Scholz Schönmann GbR) can be reached at info@the-designs.de or by phone at +491787159530.

11.1 The seller reserves the right to change or supplement these terms and conditions. The seller will inform the customer of any changes or supplements in text or written form at least six weeks before they take effect. If the customer does not agree with the changes or supplements, they have the option to object in writing within one week from the planned effective date. The objection must be in text or written form. If the customer does not object, the changes or supplements to the terms and conditions are considered approved by them. When notifying the changes or supplements, the seller will specifically point out the importance of the customer's behavior.

12.1 If any provision of these GTC is wholly or partially invalid, the remaining provisions shall remain effective.

12.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller shall be the seller's registered office.

12.3 For all disputes arising between the customer and the seller from this agreement, the law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention.

6.1 The customer may terminate the subscribed Graphic Design subscription plan at any time via the platform or payment account. Termination will take effect at the end of the current billing interval. Once this period has expired, your access to the seller's services as well as any ongoing orders that are in processing or revision and not further pursued will be terminated. Access to the platform will remain, however, delivered orders may expire at the end of the billing interval.

6.2 The customer can suspend the subscribed Graphic Design subscription plan via the platform or by declaration. Suspension will take effect at the end of the current billing interval. The subscription will resume after the suspension with the last set billing interval. If there is a price change during the suspension, the new prices apply as described in section 5.5.

Munich, 28.07.2023
Scholz Schönmann GbR